##VIDEO ID:5HiZj3uoF2Q## e e e it is 609 this is the township of Springfield's Board of adjustment meeting for December 17th 2024 adequate notice has been given in accordance with the Sunshine Law notice was published on October 17 2024 in the local Source One of the official newspapers for the township of Springfield for the year 2024 and posted in the anx building on October 18 2024 um can we stand to salute the flag please thank you flag United States of America to stand One Nation God indivisible andice may we please have a roll call yes thank you Mr Steven Hawkin Mr Michael WX here Mr Steven Fen bound Miss Marlon aano Mr Peter shitz Miss Anika doson it Vice chair Mark Cunningham here and chairwoman Jody Cohen here we have a quorum thank you very much um okay the first order of business this evening is uh resolution for memorialization which is resolution for application 2024-25 Oakridge block 3304 Lot 21 uh has every member had an opportunity to review the the resolution are there any questions or comments if there are none is there a motion to approve I'll Pi uh Vice chair Cunningham yes uh Mr W yes Hawkin was okay seeing Mr Steven Fen bound yes Miss Marlon oano yes and Sher Cohen yes motion passes thank you all right we'll move on to our applications this evening two applications up the first one is application 2024 -23 this is for 16q Drive block 1707 lot 14 this is a request for lot and building coverage variances do we have the applicant here hi come on up hi hi good evening we're we're just gonna swear you in oh okay sorry are you both going to speak no I'm just okay swear orir to tell the truth D sorry sorry can you hear me oh that's better that's thank you perfect thank you thank you good evening everyone we would like to apply for a variance to add an addition to our first floor of our home since 2022 my husband has been in a wheelchair and has been using our living room as a bedroom and sleeping in a hospital bed and using a using a commode we have a colonial house that has narrow doorways that prevents him from getting into some of the rooms my husband will never be able to climb our flight of stairs to get to the second floor we presently have a ramp in the front of our home which is an Isa and we would like to put a temporary ramp on the side of our house we have thought about moving to a ranch somewhere in Springfield but we cannot find anywhere we can afford and we would still have to make adjustment to the house in addition we would it would make a an addition would make a it would make a world of difference to us um it means to to us to me and my husband um we will be we let me start an addition would make a world of a difference to to me and my husband my husband would be more independent with his needs and we would be able to sleep in the same bed because right now I sleep upstairs and he sleeps downstairs I know some of you may think this is an ideal situation but we don't thank you for your attention thank you very much and your lot is undersized right see that here yeah believe so um members of the board any questions for the applicant no okay uh I am oh let me open it up to the public any member of the public have any questions for the applicant great any member of the public wish to speak on this application seeing none okay well I'm in favor of granting the relief that's been sought um if we are in agreement I would take a motion I'll move to approve now second okay Mr Hawkin I'm sorry if I might um I would suggest as a condition that there if now maybe it wasn't needed a a runoff plan but if it is that it be approved it wasn't okay I apologize yes Mr wxin yes Mr fbal yes Miss naano Vice chair Cunningham yes and chair Cohen yes okay thank you so much you don't know how much this means to us really thank you happy holidays okay the next application that we're going to call is application 2024-25 Angie foot and body LLC 79 Mountain Avenue block 3601 lot 14 this is a request for a minor site plan approval condition and a conditional use variance and wants to clar her Relic appearing on behalf of the applicant which is Angie foot and body LLC this is application 2024 d24 and as was said by the chair we are seeking minor site plan approval and in addition to that a conditional use variance and it is for the purpose of opening a massage establishment at 719 Mountain Avenue in Springfield and that property is located in a neighborhood commercial Zone and property is owned by viamare LLC and my client will be leasing the property so the conditional use variance is requested and required pursuant to section 35- 41.2 j under the land use ordinance of the township of Springfield and that is specifically where in part it reads massage establishments shall be permitted as a conditional use in the NC business Zone District as long as the massage establishment does not share any property boundary with a residential property or a school property so the reason we're here tonight is because the subject property does in fact share a property boundary with a residential property and that's thus triggering the conditional use variance relief that we're seeking in all other regards with regard to the specific ordinance that this falls under there is compliance by the applicant um the fact that there is I want to point out that with regard to this boundary there is a six- foot boardon board fence that separates this parking lot which is the 719 Mountain Avenue shopping center which has Dunkin Donuts it has the new Cuban restaurant it has a nail place tops um dry cleaning and the karate place so there's a six foot board on board fence there are no Gates that can get you in and out of that parking lot or to the residential neighborhood which is the end of lelac drive there is no walking path there is no way to get through so it is completely separated from the residential neighborhood in addition um where she's going to be leasing used to be the holistic Wellness Center um so we are really taking a similar use and bringing in her use which actually she will testify that it's going to be a less intensive use than they had but we do comply with parking so we do not see and there will be test money from a planner that this in any way will be a detriment to the neighborhood that it abuts and we believe that it does in fact fall within the purpose of Planning and Zoning um appearing tonight will be the applicant her name is shun Kye she is the owner of Angie foot ody LLC and Thomas Richie of Stonefield engineering and design who's my last licensed professional planner um Mike disco did do a review letter uh we believe that you know we we are in compliance with all the points that he has made I know that Mr mrada is filling in tonight because Mike is ill and of course the planner will address uh anything that was brought up in Mike's letter so at this point I would like to call upon my client which is Miss Lee please raise your right hand do you swear or affirm to tell the truth yes can you please State your full name spell your last name and give us your business address c n h last name l i I'm microphone close enough louder is it on yep yes all right just bring it a little closer yeah name is C maybe it could turn come in yeah okay Chu n Hua last name l i you can put your and your business address is 719 Mountain Avenue yes okay right okay Miss Lee I'm GNA ask you a series of questions and I would like you to just answer it for the board okay all right first of all are you licensed and certified by the New Jersey Office of the Attorney General's Office Division of Consumer Affairs Board of massage and Bodywork therapy as a massage and body work therapist yes and for how long have you been so licensed 20 years and in those 20 years where and how have you worked I started working out on other people's last five years I I have had a on my massage bus on the am Westfield and did you own that business yes and why are you leaving Westfield because my list is up okay and where you're going now in Springfield 719 Mountain Avenue do you believe that leas space will meet your needs yes okay and what are going to be your hours of operation over there the seven days week 10 to 9 you said seven days a week 10 to n yes okay and how many clients do you anticipate having in a day3 okay and what hour massages do you give in other words how long longer than massages like 30 minutes 60 Minute and 90 minutes and are you going to have any employees no I let me okay so you're doing everything yourself yes okay and are you going to be making any renovations to the exterior of the property yes I do exterior yes you mean your sign oh yes yeah okay and is your sign going to go where the current signage is now yes made all on my business sign put on the buildings and that will be in compliance with the town requirements of the orance okay and what about the interior are you going to be making any Renovations yes and what will they be I already have two massage rooms and employee office rooms I like add the shower and the laundry rooms also have also retion erors with a desk and the three food massage chairs So currently the space has three rooms yes two of which you're going to use for massage rooms one for an office employee room and then there's an open area and of that open area part of it will be your reception yes and part of it's going to be a new shower room and a laundry room is that correct okay and with regard to your location and the adjacent residential property do you see any reason why any of your customers would be going or finding a way to get to the residential neighborhood no okay I don't have anything further I would like to unless you have something for her I have a question I'm confused you said you're going to be the only person working there yeah but you have how many spaces two Mass rooms okay they already exist okay you anticipate having more employees as your business grows know she's been by herself in Westfield for five years five years I working five years only me okay but three foot chairs but you'd only be able to perform one massage at a time oh yes that because uh was before the my old place they have already I sh they have a big place you know I have the full three massage chairs available so I have no space to put I just want to put on the side for the massage chairs I think what she's indicating is that in Westfield she had all her equipment and she brought it over to here but she's one person so she's only going to be doing one customer at a time is that correct yes so one room is going to be vacant that's the space I mean it's not like you uh there's a like a dentist who has two patients they may be working on at the same time they if anesthesia give even for the dentist they go to another patient you're just staying with the with the one individual yeah see there's already three rooms at the facility and where she would put the shower for based on the water line and the like that's why she's not just taking over one of those rooms for the shower or the laundry so it makes sense for her to be doing it the you have a floor plan actually site plan that we provided that shows the best way to set up the the you know the space for her I was just wanted to clarify that there's multiple spaces to work but you're only going to be use one at a time at one space and you're going to be working 70 hours or so a week every week no she's going to be there but she's only expecting as she said approximately five client she can do just so much I think you can answer I mean I guess she can do just so many massages in a day she's one person and is it by appointment or would you have Walkins by oh it's by appointment only yes so no you would not take any walk-ins I can't that because I have to make a SC custom hour by hours working that's why you know when I working customer you know canot wait for that that's why I this better how long were you in Westfield five years and may I assume that there have been no complaints or issues of any sort in Westfield okay any other questions for the witness none any members of the public have any questions for the witness I'm sorry mikee do you have any questions thank you any members of the public have any questions excellent thank you very much next I'd like to call the planner T Thomas Rich from Stonefield engineering brce do you swear or affirm to tell the truth yes I do please State your full name spell your last name give us your business address sure name is Thomas REI last name is spelled r i CCI business address 92 Park EV Rutherford New Jersey thank you are you you know doing his credentials to are you doing it or sure would you like to give the board the benefit of your background and um your education um and your license is current and in good St in sure bachelor's and master's degree in City Planning from Ruckers University licensed professional planner um nationally certified by the American Institute of certified planners testified in front of this board on numerous occasions all my licenses are active I think you just testified before like last month yeah exactly yes okay any objections none it's qualified thank you Mr REI as you know section 35 41.2 J is the reason why we're here because of the conditional use variant that we're requesting due to the fact that we AB but a residential property and that specifically that ordinance specifically speaks to um the fact that if that is the case then we need justification so if you would please put on to the record and for the board the planning justifications for why this application should be approved together with the minor site plan approval yep absolutely and in doing so just ENT dated December 13 2024 Earth you going to call that exhibit one or a yeah let's mark that as applicant one A1 so really this is just to orient the board um it's an existing Plaza they might you guys might know it uh it's Duncan Plaza that's the outer most facing tenant on Mount a uh there's three tenant spaces in this Northern building in the plaza these two buildings they share a 44 space parking lot the applicant wants to move into the middle tenant space approximately 796 square feet it's relatively small um small space in that lot but yeah we're here for the D3 conditional use variants because the NC Zone uh permits massage establishments but interestingly it does not permit them or one of the conditions is that it can't abut a residential land use but most of the NC Zone Lots actually do back up to neighborhoods um so I'm sure as the board is aware the the planning proofs the The Guiding case law in this application is what we know as the Coventry standard for D3 conditional use variances and that's can the site continue to accommodate the use despite not meeting that single condition of backing up to the Residential Properties I think in this case the answer is yes the big I think a big justification for that is that this is already existing it's essentially a change application minor interior Renovations it's going from commercial to commercial it has it's compant with parking even in the new use globally culate all of the retail space in the existing parking lot um it's not a use that would require any building addition anything more on site that any of the other permitted uses on the property would would need I mean medical office is permitted here retail other personal service establishments I mean in my eyes we fall right in line with many of the other permitted uses that are allowed on this property is why I don't think have an issue accomodating oner I think it's important to note we did go out there there is a six foot boardon board privacy fence that exists you can see the edges of the property line kind of wrapped in this vegetation that resal property buffer from the entirety of the commercial exis commercial property as it stands now that's all proposed to remain going into ex Plaza and soine what else but I can I think the Mike disco's letter really the two main comments but I or about signage and parking um signage is proposed to just reface that existing sign there is a sign above this middle tenant it complies with the ordinance he's just going to put uh the name of the establishment there um and then I think in disco's Mike disco's letter was to talk about the parking I agreed with him it's one space per um 200 fet this would equate to four spaces required for this use but we also calculated it for the entire Plaza and 42 spaces would be required for everybody and there's 44 there so we actually have a surplus of two I think as you've heard from the applicant the big benefit is that it's very controlled use there's not a lot of uh you don't know who's coming and going you know basically you only handle one client at a time so it's a very low parking um generator and I think there's uh Mr disco did studies uh parking counts over a two-day span I think it was December 11th and 12th and at the highest point he found 16 spaces were occupied out of the total of 44 which is about a roughly onethird utilization rate pretty low so I think those are the two things to address happy questions so just to sum it up from your planner perspective this would not be a detriment to the public good correct that's correct this would not be a detriment to the ab budding residential neighborhood correct that's correct this would be in compliance with regard to the Zone plan and the Zone ordinance correct I don't have anything further thank you members of the board questions for the planner so I'm sitting in for Mike uh I just I just want to touch upon his letter very quickly um but I have his letter I've reviewed his letter um the applicant has agreed to all of to address all of his comments Mike agrees there's more than sufficient parking he has two separate parking counts that he's reviewed for um this site so there's there's sufficient parking his letter on the first page also notes that the tenant space was previously occupied by Springfield holistic Wellness that's why the room is already set up on the little floor plan that you got there's a little sketch so the prior use was a similar use it had from what I understand two massage uh rooms already in the layout and they're already there today if that's correct I know it says existing massage rooms they did offer that service I can't yeah it says massage room existing the room is existing but they did offer massage therapy but that floor plan to to just be clear we were showing existing room existing room existing room and then what it's going to be used for okay massage room massage room employee room so the spring the my my point being the previous tenant of this space offered similar uses so that's a question I have for you you know was that an exception was there I you know I I don't know disadvantage yeah I I don't know that I don't know if that previous fion I should have looked it up but um I don't know if the Springfield holistic Wellness which used to be in that same space had a a board approval whether it was a planning board it did it did not but I think the ordinance came to be in what 2020 yes and I think they were there prior to that they're not my clients so I don't know but I I think they were there prior um besides that point Mike goes on to mention in his review letter the conditions which uh the planner has already touched upon they satisfy all of the conditions except for the rear uh property line being adjacent to or contiguous with a residential property line his report goes on to say the applicant does not include any exterior or site changes um no change in lock coverage is proposed a storm order management review is not necessary there's literally no changes the only exterior change is changing the sign which would be in compliance the rest of the rest of the comments are parking related there's more than sufficient parking and the last two comments were uh Springfield ordinances 4-30 there's yearly uh renewal fees and licenses that has to be provided so if they agree to the conditions of the report it's also part of our ordinance also no further comment the applicant in agreement thank you you're welcome any members of the public have any questions for Mr REI none thank you very much thank you you want to add anything further I think everything's been said excellent all right I'm going to open up to the public any members of the public here wish to speak on this application once T none okay um members of the board so the only concern that I would have is with two rooms and three chairs if it were not to be by appointment only and you were to hire more employees then you would exceed the parking I guess proportion right that you have to the entirety of the lot so I would like to condition it to remain appointment only so that we can limit the um the amount of activity um because I think then you'd get into a parking issue may I say something yes she's allowed four parking spaces M so I mean in reality and and she's not planning to do this but rather than restricted to appointment only like or whatever you were just saying I would think that you she's can only have four people I mean that's it or three because she's a parking spot but I I think if you do it the other way I think that down the line if you know if someone knocked on her door and she wasn't doing anything and she had nobody there and she was willing to take the person in you're restricting her business okay there we have to figure out a restriction though that would be put in place where she would not be able to hire four other individuals and have four three chairs and two rooms occupied at one time because then we get into a parking issue so there has to I mean the Restriction is that she can't have any employees or customers that would exceed the use of four parking space because I actually go to the nail salon across the way and they all come in one car all these uh nail whatever they are all these nail professionals and so I mean that's one parking space it's four people getting out of a car but it's one parking space so I I think the fair way to do it is that she can't do anything that would require more than the use of four parking spaces under that thinking if you have a van show up and there's nine people in the van how does that work but you're only using one parking space I mean she's looking at it from a parking perspective the parking is based on one spot for 200 feet we we we require four right you're worried about the parking there and I frankly my my daughter goes that Dunkin Donuts all the time you know how many people are walking in that Dunkin Donuts at one time they're far exceeding their parking but I think the Restriction should be on the number of parking spaces used I'm okay with that that will not stop them having 37 people in I'm being decious in the facility like started to say they can pull up with one van of nine people working I'm not sure which what you were trying to accomplish I was I was trying to accomplish that there wouldn't be a parking okay issue because their space o only is is limited to four spots so if he she expands her business they would be but is it only four spots because there's 44 spots there there's not 11 businesses this particular use one this we're only talking on this one particular use it's set forth in the ordinance yeah in other words the parking requirement is actually set forth in the ordinance so it is saying that it's one for every 200 feet so by nearly 800 square fet yeah that's four or four it's three and change but four I can assure you that I mean without going into it in detail I'll bet you anything that Dunkin Donuts exceeds the number of parking spaces they're probably allowed to have it give oh yeah I think anytime the lot is is at capacity they're all mostly and probably the karate play too but that's another one yeah reason I asked is she's going to be the only person working there but you know if business is good um maybe we should say you can have two people three people working there simultaneously that would restrict the parking but she I mean that's not by ordinance now you're putting a restriction on her business right I mean she can have as as long as she complies with the ordinance and with the parking I mean if she wants to hire three more people and it doesn't impact parking and it doesn't impact anything else I don't understand why that would be a fair restriction well yes but the condition that she needs to meet is the abing residential so if she expands her business there could be a potential for it to I think the point is because of where it's located right that you don't want it to intensify so I do agree to some extent but also I mean that's what we are talking about so I do think we have the ability to to restrict but I do think that the planner pointed out and as I did in the opening there is a fence there's no way through and there's one house there's only one house that's even anywhere near AB budding this that's it might yes first please the application as presented is for one person giving massage I would suggest that if that is granted your client is limited to only giving massages herself unless she comes back for a further variance to intensify the use so even without a restriction I would suggest you that the law is that the application stands as it is um so if if your client has any thought of expanding the business I would suggest that you modify the application to put that before this board and then they can make a determination whether they think a second person in the business would be would be allowed or not I do believe that the chairman thought that this is a use variance and therefore the intensity of the use is an issue and therefore you're bound by the intensity that you've put before this board M all right we have a response to that um and in my notice it did say that it could be modified Etc um she doesn't have plans right now to expand but she's never been in Springfield before so we think a compromise would be if there were a restriction of two her and one other employee which means there could only be at most two customers getting a massage simultaneously that would be the four parking spaces that that would be a fair way to amend it so restricted to the owner the applicant and the future potential of one employee but that is not in the cards right now but just just to keep her to keep her from having a come back before the board for the possibility in the somewhat near future I'm okay with that I think that's reasonable yes there's two rooms right two rooms all right so just so the record is clear the applicant has requested that the uh proposal be for up to two employee the owner well she's an employee also the llc's owner and one other employee um and a and a limit of four parking spaces well that's an automatic the you okay also I want to just verify the hours again where she had said 10:00 a.m. to 9:00 p.m. any other comments okay so um I believe that with the conditions that we've now stated on the record um and limiting the hour from 10:00 a.m. to 9:00 p.m. as stated in the testimony that you have met the reproofs that are required I do think that the buffer um mitigates any issues with respect to the residential neighboring property so I'd be in favor of granting uh with those conditions I'll move to approve thank you second thank you Mr Hawkin yes Vice chair Cunningham yes Mr wex yes Mr fersen bound yes M naano and chair Cohen yes motion thank you uh the last thing is that she's going to move as quickly as possible so I know you're not going to have a memorialized resolution for another month so she will go to get her permits to do whatever renovation and proceed at her own risk in that regard as we discussed she's entitled to do that at her own risk I understand which is not I mean the resolution will come up I got and when is your next meeting in January for the memorialized resolution 21st yeah that that's the thir do we have adopt the dates thank you happy holiday theard yes to the board as well January okay but we know the January date oh yeah I have the date sorry right I I do have the dates I thought I sent them out but maybe I I think you circulated them but I forget but I'm the third third Tuesday and it's going to be the third Tuesday for the entire year with the exception of November it's that weird time we'll just figure it out and we perfect okay motion to adjourn motion toj second all in favor I wonderful happy holidays everybody